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One out of every 33 babies is born with a birth defect or injury. A skilled and compassionate birth defect lawyer can assist parents obtain compensation for medical, therapy, and other expenses related to a child's handicap.
Although doctors strive for perfection however, malpractice or negligence can increase the danger of birth defects as well as injuries. A Boston birth defect attorney can assist parents in recovering damages.
Medical Malpractice
A medical issue that a baby suffers from at birth can cause devastating consequences for the entire family. Although most of these ailments are caused by genetics, they can also be caused by medical malpractice. A Rochester birth injury attorney will determine if the medical professionals who participated in the birth of your child exhibited medical negligence.
A doctor may be guilty of medical malpractice if they fail to adhere to the standards of their profession. This means taking basic steps to avoid complications during labor and birth. A birth injury lawyer will review all information regarding your child's birth records and work with experts to determine whether the doctors violated the standards of practice.
Physical trauma can result in injuries ranging from minor to life-threatening during an uneasy delivery. Many of these injuries can be avoided through the use of proper medical procedures. These kinds of medical errors typically result from negligence or malpractice. Burton Law Group, a legal firm that specializes in medical malpractice cases in Oklahoma has helped countless parents who are devastated by the injuries suffered by their child to find out the truth and get the compensation they deserve. To learn more about how we can help you, get in touch with us today. The state laws where you live will set deadlines (also called statutes) within which you are able to bring a lawsuit. These statutes differ depending on the nature of the claim you are making (e.g. medical malpractice).
Defective Products
Medical negligence, carelessness, or malpractice could lead to an increase in birth defects. Parents want healthy children and perfect babies, but these issues can increase the risk. This can lead to wrongful death or serious permanent injuries to the infant. A specialist birth defect lawyer can assist with a lawsuit against the responsible party or other parties.
Birth defect lawyers can also investigate and prosecute cases that involve the unintentional exposure of women who are pregnant to toxic substances and chemicals at home or at work. Research has shown that common household and industrial chemicals and products, like lead paint, fungicides and chemically treated water, can increase the risk of birth defects. An experienced attorney can challenge the companies who may have wrongfully exposed pregnant mothers to these harmful chemicals or toxic substances (teratogens) during pregnancy and seek a substantial financial compensation for the family of the victim.
Birth injury lawsuits that are based on medical negligence are similar in nature to other personal injury claims, like car accidents and defective product claims. A doctor and other medical professionals are, however, subject to a higher standard of care because of their education and the trust patients put in them. Many birth injury lawsuits can also be wrongful death lawsuits if a child is severely disabled and requires lifetime care.
Prescription Drugs
Birth defects are serious issues which affect the appearance or functioning of specific parts of the human body. They range from mild to severe, and can severely affect the health of a newborn. They can create significant emotional, medical and financial problems. In some instances, they could be fatal.
Many birth defects are triggered due to genetic flaws that are present in the father's or mother's chromosomes. However, in some cases they are attributed to environmental factors. These may include exposure to prescription drugs, toxins or other substances that have what is referred to as a teratogenic impact.
Some commonly used medicines include the morning sickness drug Zofran, anti-seizure medicines including Topiramate and Valproate and non-steroidal anti-inflammatory medications (NSAIDs) have been linked to a variety of birth defects. These include limb defects, eye defects, brain and spinal cord defects, as well as other issues. Seizure medications have been linked with miscarriages.
A birth defect attorney can assist parents in determining whether the birth defect of a child was caused by a drug taken by the mother during pregnancy. Doctors are required to prescribe only drugs that are safe to use by pregnant women. They also have the responsibility to inform patients about potential dangers. If a doctor fails to fulfill this duty could be held accountable for any birth defects or injuries.
Environmental Exposure
Birth defects are structural changes in one or more areas of an infant's anatomy. Other factors can affect the development of birth defects. While most are genetic and develop during the womb. This includes exposure to environmental toxins and medications that mothers take, and teratogenic chemical or drug exposure. These cases require the assistance of experienced and dedicated birth defect lawyers.
A birth defect lawyer can assist families pursue an action against a doctor or drug maker, or another person or entity responsible for an infant's birth defect. If a medical procedure, medication or exposure to a toxic substance, can be the cause of the birth defect, the physician, drug manufacturer and other entities responsible for the mother's exposure might be held liable.
Waters Kraus & Paul handles complicated cases, including birth defects resulting from exposure to environmental toxins, chemicals and industrial solvents and prescription drugs. A partner of the firm, David Strouss has prosecuted some of the first birth defects lawsuits stemming from parental exposure to industrial solvents (such as glycol ethers), and he has also handled cases that involved residents and agricultural workers who were in the vicinity of spraying or drifting pesticides. Ilana Waxman, Evan Hoffman and other firm partners are focused on environmental contamination. This includes asbestos, toxic torts, and whistleblower litigation.
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